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| HC quashes FIR against Jaitly, ors | | Canal Power House Scam | | EARLY TIMES REPORT
JAMMU, November-08 (JNF):- A single bench of the state high court comprising Justice Sunil Hali today quashed FIR No 29/2003 registered by Vigilance Organization against former Chief Secretary, Ashok Jaitly and M/S Trehan Industries.
In the 54 pages approved for reporting judgment Justice Sunil Hali observed that involvement of the present petitioner and other accused is confined to the decision making process concerning the allotment of the contract to M/S Trehan Industries. The decision making process which culminated in taking certain decisions, has already been concluded by the Division Bench of J&K High Court after examining the record. Court further observed that the conduct of the accused persons in the decision making process may raise some eye-bro in the manner in which the decision has been taken but at the end of day it is decision which has culminated in allotment of the contract to the petitioner that would determine the complicity of accused. Court further observed that “the finding recorded by the Writ Court had affirmed by the Division Bench is that the decision taken in allotting the contract is strictly inconsonance with law and procedure and no irregularity has been found in the said decision.” Putting the accused to Trial would be an exercise in futility, as the finding recorded by the Division Bench on issues, will be binding on the criminal Court. Court further observed that applying the principles lay down by the Division Bench it clearly emerges that the allegations made in the FIR even if they are taken at their face value and accepted in their entirety do not prima-facie constitute any offence or make out a case against the accused. The un-controverted allegations made in the FIR the evidence collected during the investigation also do not disclose commission of any offence. The FIR and the subsequent investigation undertaken are required to be quashed. With these observations Court allowed the petition seeking the quashment of FIR, has quashed the FIR NO 29/2003 registered at P/S Vigilance Organization and also investigation undertaken by the VOJ. It is worth mentioning here that according to the FIR says Ashok Jaitly then Chief Secretary of J&K ordered the officials concerned to hand over the project to Trehan without entering into any formal contract, agreement or MoU. The approval of the Board of Directors of the State Power Development Corporation (SPDC) and the State Cabinet were also not sought.The move to handover the powerhouse began in September 2000 when some entrepreneurs approached the SPDC. One of them — M/s Shakti Hydro Electric Company Pvt Ltd of New Delhi — sent an offer which was considered favorably by the SPDC. Around April-May 2001, Jaitly entered into a ‘‘conspiracy with Trehan to obtain the contract’’. He induced a retired assistant general manager, BHEL, and the consultant, Ashok Kumar, who had prepared the technical report for the Delhi Company, to quote a slightly lesser cost of production. Trehan offered Rs 3 per unit as the Delhi company had quoted Rs 3.16. In July, Jaitly got a letter issued to the SPDC Managing Director ‘‘to take steps to enter into MoU with Trehan Industries without waiting for the feasibility reports’’. Subsequently, the Central Electricity Authority (CEA) of the Union Ministry of Power was requested to review Trehan’s offer. It raised several objections, especially to the price offered.
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